Can co-opted members be voted in as Chairman or Vice Chairman of a Parish Council

Question

My understanding is that LGA 1972 c70 s.15 legally barrs co-opted members from holding these 2 senior positions, is that right?

Answer 1

Your understanding is correct I think although I believe that The Secretary of State can overrule that provision but I do not think that that has been done.

Answer 2

The advice I have received is that there is no definitive answer to this question.  It is all a matter of interpretation, since there is more than one piece of legislation and the words used are not so explicit as to remove doubt.  There has not been a relevant court case to provide a precedent.

However, the view that a co-opted member can be chairman (or vice chairman) seems to have the greater merit in terms of reasonableness and practicality, especially where a council has no elected members.

It is clear, though, that a co-opted member cannot claim an allowance, including a chairman's allowance.  The treatment of allowances is the only area where there is definitely a distinction between a co-opted councillor and one who has put up for election.

Comments

is not the bar to chairmanship only for "appointed" members, who are those "appointed" by outside bodies eg the District Council or the high court? Once coopted, which is not the same as being appointed, a councillor is in no different position to an elected one.

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after more research, I cannot find that sec 76 of the 2007 Local Govt etc. Act which inserts the word "elected" into sec 15 of the 1972 Act has ever been brought into force. So there is no bar to appointing a cooptee as chair or paying them an allowance, I respectfully submit.

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I agree that there is no clear argument that would place a bar on coopted councillors being elected chairman or vice chairman. But I believe they cannot receive an allowance, based on The Local Authorities (Members' Allowances) (England) Regulations 2003. This was later amended to allow coopted members to receive travel and subsistence expenses, but so far as I can see, not a general allowance.

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Sorry to be like a dog with a bone! But, coopted chairs cannot receive an allowance under the 2003 regulations, but as sec 15 (5) has not been repealed, (per The society of Local council Clerks) an allowance to cover the expenses of the office could still be paid under that power, and could be paid to a coopted chairman.